CA Law and Concealed Firearms

LA Criminal Law Topics

In a recent en banc opinion by the 9th Circuit Court of Appeals, the court ruled that concealed firearms do not receive the full protection of the Second Amendment. In Peruta v. San Diego, the 9th Circuit held that San Diego’s restrictions on the right to carry a concealed weapon are constitutional. In other words, the court said that the right to bear arms does not extend to the right to carry concealed weapons. The controversy arose when residents of California who applied for a license to carry a concealed weapon were denied for “good cause.” Although the Second Amendment to the U.S. Constitution famously grants “the right to bear arms,” California and every other state is free to delegate to cities and counties the power to issue written policies concerning procedures for obtaining a license to carry a concealed weapon.

San Diego County implemented a policy requiring applicants to provide “supporting documentation” to demonstrate good cause for carrying a concealed weapon. Under the San Diego rules, an applicant must show a sufficiently pressing need for self-protection (such as a restraining order against someone else they are in fear of). This prevented those who wished to carry concealed weapons for self-defense, but unable to document the specific need from obtaining their licenses.

The California Appellate Court posed the following question: “Does the restricted activity, here, a restriction on a responsible, law-abiding citizen’s ability to carry a gun outside the home for self-defense, fall within the Second Amendment right to keep and bear arms for the purpose of self-defense? Much of the analysis at the lower level courts had to do with the word “bear,” in other words, the plaintiffs argued that the right to bear arms means the right to “carry” arms. The Appellate Court, however, determined that the “right to bear arms,” under the Second Amendment does not include, in any degree, the right of a member of the general public to carry concealed firearms in public.

However, the Appellate Court seems to contradict itself. In one statement, it concludes, “Because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry—including a requirement of “good cause,” however defined—is necessarily allowed by the Amendment.” However, in the next breath, it states, “There may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public. The Supreme Court has not answered that question, and we do not answer it here.” This seems to foreshadow a future clarification by the U.S. Supreme Court. In the midst of mass shootings, it is highly likely that the Supreme Court will review the case. On the other hand, the Supreme Court may deny review, as it has passed up other major Second Amendment cases recently.

It is unlikely that the Supreme Court will take the case before a ninth justice is in the picture. For now, Republicans in the Senate are refusing to consider President Obama’s nominee to replace Scalia after his recent passing. Conservatives argue that President Obama’s nominee is too liberal when it comes to guns. Scalia was an avid defender of the Constitution’s originalist meaning, and replacing his seat on the bench with someone with a more liberal view would significantly impact the outcome of Supreme Court cases. However, until the Supreme Court chooses to rule on this issue, counties and cities are free to place restrictions on citizens who wish to obtain a concealed weapon permit.

It is critical to retain an experienced criminal defense attorney as soon as possible. The earlier the attorney makes contact with the district attorney, the more likely it is that the case will result in a favorable outcome for the defendant. A good criminal defense attorney will present mitigating circumstances, including the lack of the defendant’s criminal history, as well as highlighting weak points in the prosecution’s case.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
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Published By: Nicholas Loncar
Written by: Lauren Noriega